Canadian Bill of Rights

R.S.C. 1985, Appendix III

An Act for the Recognition and Protection of Human Rights and
Fundamental Freedoms
[S.C. 1960, c.44]

Preamble

The Parliament of Canada, affirming that the Canadian Nation is
founded upon principles that acknowledge the supremacy of God,
the dignity and worth of the human person and the position of
the family in a society of free men and free institutions;

Affirming also that men and institutions remain free only when
freedom is founded upon respect for moral and spiritual values
and the rule of law;

And being desirous of enshrining these principles and the human
rights and fundamental freedoms derived from them, in a Bill of
Rights which shall reflect the respect of Parliament for its constitutional
authority and which shall ensure the protection of these rights
and freedoms in Canada:

Therefore, Her Majesty, by and with the advice and consent of
the Senate and House of Commons of Canada, enacts as follows:

PART I

BILL OF RIGHTS

1.
It is hereby recognized and declared that in Canada
there have existed and shall continue to exist without discrimination
by reason of race, national origin, colour, religion or sex, the
following human rights and fundamental freedoms, namely,

(a)
the right of the individual to life, liberty, security
of the person and enjoyment of property and the right not to be
deprived thereof except by due process of law;

(b)
the right of the individual to equality before
the law and the protection of the law;

(c) freedom of religion;

(d) freedom of speech;

(e) freedom of assembly and of association; and

(f) freedom of the press.

2.
Every law of Canada shall, unless it is expressly declared
by an Act of Parliament of Canada that it shall operate notwithstanding
the Canadian Bill of Rights, be so construed and applied
as not to abrogate, abridge or infringe or to authorize the abrogation,
abridgment or infringement of any of the rights or freedoms herein
recognized and declared, and in particular, no law of Canada shall
be construed or applied so as to

(a)
authorize or effect the arbitrary detention, imprisonment
or exile of a person;

(b)
impose or authorize the imposition of cruel and unusual
treatment or punishment;

(c)
deprive a person who has been arrested or detained

(i)
of the right to be informed promptly of the reason for
his arrest or detention,

(ii)
of the right to retain and instruct counsel without delay, or

(iii)
of the remedy by way of habeas corpus for the
determination of the validity of his detention and for his release
if the detention is not lawful;

(d)
authorize a court, tribunal, commission, board
or other authority to compel a person to give evidence if he is
denied counsel, protection against self-crimination
or other constitutional safeguards;

(e)
deprive a person of the right to a fair hearing
in accordance to the principles of fundamental justice for the
determination of his rights and obligations;

(f)
deprive a person charged with a criminal offence of the right to be
presumed innocent until proved guilty according to the law in a fair and
public hearing by an independent and impartial tribunal, or of
the right to reasonable bail without just cause; and

(g)
deprive a person of the right to the assistance to an interpreter
in any proceedings in which he is involved or in which he is a
party or a witness, before a court, commission, board or other
tribunal, if he does not understand or speak the language in which
such proceedings are conducted.

3. (1)
Subject to subsection (2), the Minister of Justice
shall, in accordance with such regulations as may be prescribed
by the Governor General in Council, examine every regulation transmitted
to the Clerk of the Privy Council for registration pursuant to
the Statutory Instruments Act and every Bill introduced
in or presented to the House of Commons by a Minister of the Crown
in order to ascertain whether any of the provisions thereof are
inconsistent with the purposes and provisions of this Part and
he shall report any such inconsistency to the House of Commons
at the first convenient opportunity.

(2)
A regulation need not be examined in accordance with subsection
(1) if prior to being made it was examined as a proposed regulation
in accordance with section 3 of the Statutory Instruments Act
to ensure that it was not inconsistent with the purposes and provisions
of this Part.

4. The provisions of this Part shall be known as the
Canadian Bill of Rights.

PART II

5. (1)
Nothing in Part I shall be construed as to abrogate
or abridge any human right or fundamental freedom not enumerated
therein that may have exist in Canada at the commencement of this
Act.

(2)
The expression "law of Canada" in Part I means an
Act of the Parliament of Canada enacted before or after the coming
into force of this Act, any order, rule or regulation thereunder,
and any law in force in Canada or in any part of Canada at the
commencement of this Act that that is subject to be repealed,
abolished or altered by the Parliament of Canada.

(3)
The provisions of Part I shall be construed as extending only
to matters coming within the legislative authority of the Parliament
of Canada.